- Joined
- Feb 22, 2021
- Messages
- 2,002
Juan Browne:
All I can say is this, you have to be careful turning stuff off overhead , especially close to the ground.Seems like pilot error, as does a few of the high profile crashes as of late. Toronto hard landing with rollover an example
Is this a joke...
Since there was no intent to do harm, this would seem inappropriate and contrary to the goal of identifying and then training out crew errors.
That is a distinctly American view of things.Since Lithuanian prosecutors are involved and have asked that Spanish authorities question the pilot, I guess the Captain, who is a Spanish national convalescing in Spain, it sounds as though criminal charges are contemplated by the Lithuanians.
Since there was no intent to do harm, this would seem inappropriate and contrary to the goal of identifying and then training out crew errors.
The above doesn't account for any context, and context is everythingThat is a distinctly American view of things.
In many countries, including France and Italy, the prosecution exists to find fault and assign punishment, regardless of intent. Look at the attempts of French prosecutors to try, and incarcerate, the Continental DC-10 crew that took off just prior to Concorde’s fatal crash. Because a piece fell off their airplane, they were at fault, they deserved criminal prosecution and jail time. Ultimately, it didn’t work but that’s how many countries pursue aviation safety - with criminal penalties.
In South America, pilots have been jailed for years awaiting trial when they were not at fault, and later found not to be at fault.
The above ^^^ is an excellent description of why the US prosecution exists, and what its role isIn many countries, including France and Italy, the prosecution exists to find fault and assign punishment, regardless of intent
Look at the attempts of French prosecutors to try, and incarcerate, the Continental DC-10 crew that took off just prior to Concorde’s fatal crash. Because a piece fell off their airplane, they were at fault, they deserved criminal prosecution and jail time
In South America, heads have been cut by cartels and hung off highway overpasses. They are not exactly the best example to compare to Europe.In South America, pilots have been jailed for years awaiting trial when they were not at fault, and later found not to be at fault.
And this is only because none of these countries have civil lawsuits where one can sue their dry cleaner for $54million because they lost a pair of pants, which made the plaintiff lose his faith in Humanitythat’s how many countries pursue aviation safety - with criminal penalties.
They did go after the Continental mechanic.The above doesn't account for any context, and context is everything
The above ^^^ is an excellent description of why the US prosecution exists, and what its role is
France, Italy, and most European countries (and most non-Anglo-Saxon countries that have been prevalently Christian at some point in history, in general), have their judicial system based on Roman law. To oversimplify it - everything has to fit within a predetermined legal frame. US law is mostly precedent-based. If a prosecutor was not involved in that old horse carriage accident back in 1570-something - chances are investigations went on that way to this day, unless they really needed change.
A prosecutor's involvment in Europe is mandatory when there's loss of life. It is not there to assign punishment regarldess of intent, but to establish whether there is a culprit to take the responsibility for what is considered a criminal event: undue and untimely loss of life. A prosecutor there is just part of the investigation, and usually the one leading it.
This is vastly different from a US prosecutor, who gets involved only when there's an established case with someone to prosecute, and whose losses count as a negative on his or her score card. A French or Italian prosecutor will be called (in French the definition is "saisir le procureur", which literally means "...grab the prosecutor..." It's not like they can say no. And if they find out there was no culprit, it won't count as a shameful failure in their resume.
So if a meteorite kills a person on the ground and it's no one's fault, a prosecutor will still have to get involved in Europe, as opposed to the US. They'll investigate, define that it was no one's fault, and call it a day.
I looked at it, and I couldn't find it. The investigations were of Continental itself as a company, and of the mechanic who replaced the wear strip that fell on the ground and punctured the Concorde's fuel tank, and his boss. Which sounds about right. If a truck tire flies out fresh after a wheel change and causes an accident that kills 114 people, one would expect the mechanic who did the job to be investigated.
In South America, heads have been cut by cartels and hung off highway overpasses. They are not exactly the best example to compare to Europe.
And this is only because none of these countries have civil lawsuits where one can sue their dry cleaner for $54million because they lost a pair of pants, which made the plaintiff lose his faith in Humanity
This is a luxury that the US can afford - do an investigation that doesn't concentrate on the criminal side - simply because there is ample, AMPLE guarantee that if there's a culprit - they'll be ripped in pieces, eaten, chewed, spat out and ripped again.
In Europe, you sue for real damages, and for one symbolical Euro.
So there.
Indeed, which I mentioned, in reply to this:They did go after the Continental mechanic.
https://www.standard.co.uk/hp/front...-of-causing-paris-concorde-crash-6543889.html
Sorry, you’re right, you did say that.Indeed, which I mentioned, in reply to this:
"...Look at the attempts of French prosecutors to try, and incarcerate, the Continental DC-10 crew that took off just prior to Concorde’s fatal crash..."
The above reads like they tried to jail the pilots. Which is false.
If seeking responsibility from a mechanic for a part that they worked on and fell off the plane causing the death of more than a hundred people is not fair game, I don't know what is.
They also indicted engineers on the Concorde side, so it's not like they were looking for a single fall guy.
I don't think it would be any different in the US in similar conditions, it's just that it will come after the technical investigation is complete. If that investigation finds criminal intent or negligence along the way, it will be communicated to judicial along the way, asap. So the end result will be similar.
Personally, lots of other people should have also been criminally charged, not just the American ( Continental ) mechanic.The Concorde thing was a tragedy, and there were many to blame.
The metal strip shouldn't have been on the runway, the tanks shouldn't have been so easy to pierce through once the strip was propelled into them, the wheels were likely missing a shim so they were wobbling left and right a few degrees, and some say the pilots should have still been able to handle it and land.
But at the end of the day - there was a piece of junk on the runway which fell off the DC-10. If a piece of metal falls off the truck that precedes you on the highway and totals your wheel, your insurance will try to go after the truck's owners, if they can.
As for lawsuits in property damage - yes. They are rarely fair, but things are too muddy. I avoid taking a position on these, as I rarely have all the elements in hand. Many times they are automatic. And oftentimes justice decisions are counterintuitive.
My point was just that the narrative that aircraft accident investigations in North America are some benevolent thing of wisdom gathering as opposed to a blood-thirsty process in Europe or elsewhere is flawed and false. It's just that in North America the "let's get mean" part of the process is handled at a different level.
And at some level, I feel that, like in recent history, when two consecutive accidents kill hundreds of people because someone somewhere saved a few thousand bucks on a redundant sensor, and got not only complascent, but also disdainful about it (the chief-something-something at Boeing who called external clients who asked questions "idiots" in internal communications), jail time is absolutely needed.
Knowing that the mothership will foot the bill and all will be fine is not a good thing in aviation. Airplanes are the ultimate responsibility, pilots carry a heavy burden, and should be given a fair playing field carrying those responsibilities, not a hanging death sentence. I pity everyone who died in these accidents, but I absolutely shiver for the pilots, doomed, trying to do the right thing in the wrong airplane, like a bus driver who had their steering wheel set to go right when turned left, just worse.